Stakeholder Group Compensation Program
Frequently Asked Questions
Q: What is Stakeholder Group Compensation?
A: The Stakeholder Group Compensation Program makes funds available to groups representing the interests of residential utility customers residing in an environmental justice community, residential utility customers receiving protection as financial hardship cases, or small business customers. Stakeholder groups participating in dockets opened on or after January 3, 2024, are eligible to apply for compensation through the program.
Compensation is available for reasonable attorneys’ fees, reasonable expert witness fees and other reasonable costs for preparation and participation in Authority proceedings.
Q. When was the program created?
A. On January 3, 2024, the Public Utilities Regulatory Authority (Authority or PURA) established the Stakeholder Group Compensation Program, including an application and approval process for stakeholder group compensation in eligible PURA dockets. See Public Act No. 23-102, § 15(b)(1), codified as General Statutes § 16-9c.
Q. What type of proceeding is eligible for Stakeholder Group Compensation?
A. Compensation is available in proceedings opened on or after January 3, 2024, in which a public service company is (1) a party to a proceeding, investigation or rulemaking before the Authority, or (2) a party to alternative dispute resolution ordered by the Authority. See General Statutes § 16-9c(a)(1).
Q. What is a “proceeding” before PURA?
A. “Proceeding” means a contested case, investigation, rulemaking, or other formal proceeding before the Authority, or alternative dispute resolution ordered by the Authority, pertaining to a gas company, water company, pipeline company, electric distribution company, or electric supplier. “Proceeding” is sometimes used interchangeably with “docket.”
Q. Which companies qualify as a gas company, water company, pipeline company, electric distribution company, or electric supplier?
A. More information regarding the investor owned utilities that PURA regulates can be found on our website: Industries We Regulate. See General Statutes § 16-1 for the legal definitions of the terms gas company, water company, pipeline company, electric distribution company, and electric supplier.
Q. What role must a group have in a proceeding to apply?
A. A stakeholder group that seeks designation as an intervenor, pursuant to General Statutes § 4-177a, or a participant, pursuant to Regulations of Connecticut State Agencies § 16-1-135, may apply for an award of compensation.
Q. What is an “intervenor” in a docket?
A. A person or group can be designated an intervenor to participate in a contested case. An intervenor’s participation may be limited, for example, to particular issues or stages of the proceeding. See General Statutes § 4-177a.
Q. What is a “participant” in a docket?
A. Any person granted permission by the Authority to take part in an uncontested proceeding shall be designated a participant. Typically, the Authority determines the nature and extent of a participant’s participation in an uncontested proceeding. See Regulations of Connecticut State Agencies § 16-1-135.
Q. Are there other eligibility requirements for stakeholder groups?
A. Yes, a stakeholder group must be either (1) a non-profit organization or (2) a group of persons designated an intervenor or participant.
Q. Who can the stakeholder group represent?
A. A stakeholder group must represent the interests of at least one of the following three types of customers: (1) customers living in environmental justice communities (EJC); (2) customers qualifying as financial hardship cases; or (3) small businesses.
Q. How is an “environmental justice community” (EJC) defined?
A. An EJC is defined by General Statutes § 22a-20a(a)(1) as (1) a United States census block group for which 30% or more of the population consists of low-income persons who are not institutionalized and have an income below 200% of the federal poverty level or (2) a distressed municipality, as defined in General Statutes § 32-9p(b).
Q. Are any groups excluded from eligibility?
A. Yes, the program excludes any nonprofit or other organization whose principal interests are (1) the welfare of a public service company or its investors or employees, or (2) the welfare of one or more businesses or industries that receive utility service primarily for use in connection with the manufacture, sale, or distribution of goods or services for profit. State agencies, such as the Department of Energy and Environmental Protection, the Office of the Attorney General, and the Office of Consumer Counsel are also excluded from the program. See General Statutes § 16-9c(a)(2) for the list of groups statutorily excluded.
Q. How do I file something with PURA?
A: You must first register here to access the web-filing account management system and submit an electronic filing to PURA. From here you can create a new account, modify an existing account, or request forgotten log-in information. For more information, visit Make An Electronic Filing.
Q. When do I need to file my Notice of Intent to Apply for Stakeholder Group Compensation (Notice of Intent)?
A. The deadline to file the Notice of Intent will be included in the Notice of Proceeding (NOP) for the docket in which you intend to participate (relevant docket).
Q. Where do I need to file my Notice of Intent?
A. You must file your Notice of Intent as correspondence in both Docket No. 23-09-34 and the relevant docket.
Q. When do I need to file my Application for Stakeholder Group Compensation (Application)?
A. The deadline to file the Application will be included in the NOP for the relevant docket.
Q. Where do I need to file my Application?
A. You must file your Application as a motion in Docket No. 23-09-34.
Q. Can anyone file a Notice of Intent and Application?
A. You must be a group that fits one of the categories included in the definition of a “stakeholder group” in General Statutes § 16-9c(a)(2).
First, the group must be either a (1) group of persons designated an intervenor or a participant in a docket or (2) non-profit organization. Second, the group or non-profit organization must represent the interests of (1) customers living in environmental justice communities, (2) customers qualifying as hardship cases, or (3) small businesses.
Q. How can I request a protective order for information in my Application and other attachments or submissions?
A. You may file a motion requesting an exemption from public disclosure, in accordance with the Connecticut Freedom of Information Act, General Statutes § 1-200 et seq. The motion must provide specific facts and legal arguments, with reference to state or federal law, explaining why the information should be kept confidential. A certified affidavit supplied by a competent witness in support of the motion must be appended to the motion. Additional instructions and information about confidential documents are included in the Notice of Proceeding in every Authority docket.
Q. What type of information can be kept confidential if I file a motion for a protective order?
A. The Connecticut Freedom of Information Act includes several exemptions, found at General Statutes § 1-210(b).
Q. Are there other requirements for participation in the relevant docket?
A. Yes, you must request intervenor or participant status to participate in the relevant docket and be eligible for compensation. You may make that request by filing the Motion for Intervenor/Participant Status form.
Q. Do I have to use the Motion for Intervenor/Participant Status form?
A. No, the Motion for Intervenor/Participant Status form is provided for your convenience, but you are free to draft your own motion.
Q. Do I need to request intervenor or participant status in Docket No. 23-09-34?
A. No. You will automatically be granted participant status in Docket No. 23-09-34 when you file a Notice of Intent in Docket No. 23-09-34.
Q. Do I need to file a new Notice of Intent in each docket I want to participate in and receive compensation?
A. Yes. You must file a Notice of Intent as correspondence in each docket you want to participate in (and file a copy each time as correspondence in Docket No. 23-09-34).
Q. Do I need to file a new Application for each docket I want to participate in and receive compensation?
A. Yes. You must file a new Application as a motion in Docket No. 23-09-34 for each relevant docket you want to participate in.
Q. When can I receive the compensation available under the program?
A. Typically, payments are made at the conclusion of the proceeding. However, advance payments may be made if a stakeholder group can demonstrate they have a significant financial hardship.
Q. How can I get an advance payment?
A. You must apply for an advance payment by completing section IV of the Application and including the expenses you need advance payment for on your Itemized Budget form.
Additional advance payments may also be approved during a proceeding when a stakeholder group needs advance funds to initiate, continue, or complete participation in the proceeding. General Statutes § 16-9c(d)(3). A stakeholder group may file a supplemental request for advance funding as a comment to its original application motion.
A stakeholder group may also file a supplemental request for advance funding, if the group is unable to pay the costs of participation that it has already incurred, if the advance payment will not exceed the amount previously allocated by PURA.
Q. What kinds of expenses are eligible for compensation?
A. You can receive reimbursement for reasonable attorneys’ fees, reasonable expert witness fees, and other reasonable costs for preparation and participation in a proceeding before the Authority. Other reasonable costs are reasonable out-of-pocket expenses directly related to the group's preparation for or participation in the proceeding. See PURA’s Notice of Guidance for Compensable Expenses for more information.
Q. Is my group limited to $100,000 per year?
A. No, a group is limited to $100,000 per proceeding.
Q. Who pays the compensation?
A. Any public service company that is a party to the proceeding, investigation, or rulemaking may be ordered by PURA to pay compensation to an applicant. Public service companies then recover the cost of compensation from ratepayers.
Q. How can I learn more about PURA proceedings?
A. You may find it helpful to watch the informational videos and recordings of public meetings that PURA shares on its YouTube channel: Connecticut PURA - YouTube.
The Office of Consumer Counsel (OCC) also shares videos on how to engage with PURA on its website, such as Training Video 1 - PURA and the OCC, and on its YouTube channel: Connecticut OCC - YouTube.
Q. What is OCC?
A. “The Office of Consumer Counsel (OCC), is an independent state agency with statutory responsibility to represent customers of Connecticut’s five regulated utilities – electric, gas, water, telephone, and to some extent, cable television, primarily in matters that go before the Public Utilities Regulatory Authority (PURA). The OCC is authorized to participate on behalf of consumer interests in all administrative and judicial forums and in any matters in which the interests of consumers with respect to public utility matters may be involved.” OCC At a Glance.
Q. Do we have to be a nonprofit group or form an LLC to participate as a stakeholder group?
A. No, a group of persons designated an intervenor or participant is eligible, regardless of nonprofit or organizational status.
Q. What kind of documentation do I need to submit for a planned expense?
A. You should attach an invoice, quote, or other estimate for each planned expense.
Q. What kind of proof do I need to submit for an incurred expense?
A. You should attach an invoice, receipt, or other supporting documentation for each incurred expense. An expense is valid when it is in fact incurred by an eligible stakeholder group as part of its preparation and participation in a proceeding before the Authority, as evidenced by invoices, receipts, and other supporting documentation. See PURA’s Notice of Guidance for Compensable Expenses for more information.
Q. What if the incurred expense was more than the planned expense?
A. You must note the difference in expenses on the Itemized Expenditures Form and include relevant invoices or receipts showing the increased expense. If program funding is available, the additional expense may be authorized, if the expense is compensable and statutory limits will not be exceeded.
Q. What if the incurred expense was less than the planned expense?
A. You must note the difference in expenses on the Itemized Expenditures Form and include relevant invoices or receipts showing the decreased expense.
Q. Can my group reallocate funds within an approved itemized budget?
A. A stakeholder group may shift hours or costs without Authority approval (for example, an organization may need more assistance from a lawyer and less assistance from an expert witness than originally planned).
The Stakeholder Group Compensation Itemized Expenditures form requires stakeholder groups to state how an expense changed from the originally budgeted item (e.g., more or fewer hours were required) and to state the difference in cost. As noted above, if an incurred expense was more than the planned expense, the stakeholder group must note that when submitting its itemized expenditures and provide relevant invoices or receipts showing the increase expense. If Program funding is available, the Authority may authorize the additional expense.
Q. Can we get $200,000 if the docket spans more than 1 calendar year?
A. No. The $100,000 limit is per group, per docket, regardless of the docket length.
Q. If my stakeholder group is deemed ineligible for compensation through this program, can we still participate in proceedings before the Authority?
A. Yes! Stakeholder Group Compensation is not a requirement to participate in a PURA proceeding.
Q. What if I have additional questions?
A. Please contact PURA’s Office of Education, Outreach, and Enforcement at pura.information@ct.gov or 1-800-382-4586.